Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Himachal Pradesh Ceiling on Land Holdings Act 1972 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Himachal Pradesh Ceiling on Land Holdings Act, 1972: S. 20(3)-Financial Commissioner-Exercise of suo motu power of revision after withdrawal of appeal by State Government against order of Collector-Held, Financial Commissioner would have power to proceed suo motu in a suitable case even though an appeal preferred before lower appellate authority is withdrawn may be by the State-Financial Commissioner while exercising the power under sub-s.(2) of s. 20 acts as a statutory authority and no restriction can be placed on exercise of such power on the.ground that he is a part of the machinery of the State Government or an officer of the State-It is in a different statutory capacity under which Financial Commissioner exercises his power and is free to pass any order in accordance with law which may or may not be against the State Government. S.20(3)-Revision-By exercise of suo motu power by Financial Commissioner-Limitation-Order of Collector declaring certain land as surplus-Appeal by State Government before Commissioner-Later withdrawn-15 years thereafter Financial Commissioner exercising suo motu power of revision-Held, the order of the Financial Commissioner stands vitiated having been passed after a long lapse of 15 years of the order which has been interfered with-Exercise of the power after unreasonable lapse of time and such delayed action on his part nullifies the order passed by him in exercise of power in sub-s.(3) of s.20. |
Judge | N/A |
Neutral Citation | 2004 INSC 306 |
Petitioner | State Of H.p. And Ors. |
Respondent | Raj Kumar Brijender Singh And Ors |
SCR | [2004] Supp. (1) S.C.R. 618 |
Judgement Date | 2004-04-22 |
Case Number | 130 |
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